Patna High CourtCR. MISC./34795/2013disposed

Pramod Chaudhary v. The State Of Bihar And ORS

2016-03-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34795 of 2013 Arising Out of PS.Case No. -255 Year- 2013 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pramod Chaudhary S/O Sri Ramashish Chaudhary Proprietor Of Kali Construction, Resident Of Mohalla- South Bazar Samiti Kasturba Nagar, P.S.- Bhadhurpur, Distt.- Patna .... .... Petitioner

Versus

1. The State Of Bihar

2. The State Electricty Board Patna

3. The Assistant Electrical Engineer Electric Supply Sub Division Bettiah .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar No-1 For the State :

Mr. Navin Kr. Pandey (App) For NBPDCL :

Mr. Ratan Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Learned Counsel appearing on behalf of the North Bihar Power Distribution Company Limited has submitted that if the petitioner deposits the compounding fee, as prescribed under Section 152 of the Electricity Act, 2003, the Company shall proceed for compounding the offence as prescribed under sub-clauses (2) and (3) of Section 152 of the Electricity Act, 2003.

From the records, I find that the petitioner has deposited Rs. 1,60,399/- which, according to the First Information Report, was the loss caused to the Company because of the theft of energy by the petitioner. Considering the stand taken on behalf of the

Patna High Court Cr.Misc. No.34795 of 2013 (3) dt.15-03-2016 2/2 Company and the Division Bench decision of this Court in the case of Mosmat Swaran @ Swaran Manraw v. The State of Bihar and Another, reported in 2012 (2) PLJR 229, it is directed that if the petitioner deposits the compounding fee, as contemplated under Section 152 (1) of the Electricity Act, 2003, within a period of four weeks from today, the Company shall proceed accordingly considering the directions issued in paragraphs 28 to 31 in the said decision.

No coercive steps against the petitioner shall be taken in the mean while in connection with Bettiah (M) Police Station Case No. 255 of 2013.

This application stand disposed of accordingly. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √